HomeMy WebLinkAboutGULF INTERMODAL SERVICES - UEA1
UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this '2#6 day of fitr.,1AI"~ , 2012, between the City of La Porte, herein
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called "City", acting herein through its City Manager, and GULF INTERMODAL SERVICES, of Harris County,
State of Texas, hereinafter called "Owner",
WITNESSETH
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to the extension of
an 8" WATERLINE EXTENSION and 2" SANITARY SEWER FORCE MAIN, per plans and
specifications prepared by JONES & CARTER, INC. (Job No. R0066-002-00, Dated November 201 1).-
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Tract 13D-3, •
Smashen Subdivision (HCAD # 064-222-000-0068). City's utility main(s) presently do not extend to Owner's
said property. Owner has requested to extend City's utility main(s) to serve Owners said property.
3. City hereby agrees to the construction and installation of an extension of its utility main(s) to said property
commencing at the nearest existing utility maine s) of sufficient size and capacity. Thence along/through public
rights-of-way and/or easements to and through said Owner's property. Provided, however, that should City not
possess all necessary rights-of-way and/or easements to complete said extension(s), Owner shall be solely
responsible for obtaining said additional rights-of-way andlor easements at no cost to City on City approved
forms.
4. Owner agrees to pay all costs related to the construction and installation of said utility main(s) including
necessary appurtenances in confonnance with City's standards and specifications for said utility rnain(s).
Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction
staking, construction inspection, and for preparation and submittal of final As-Built construction drawings upon
completion of construction.
5. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility
rnain(s) according to the plans and specifications to be prepared by the Owner's engineer and approved by the
City. Upon fmal approval of plans and specifications, Owner will solicit no less than three (3) competitive
quotes for construction of the project each from a contractor with demonstrated experience in construction of
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public utility mains. When received, the Owner's engineer shaIl tabulate quotes and a copy of said tabulation
shaH be provided to City. City shaIl approve Owner's selection of a contractor based on the competitive quotes
and City shaH authorize construction of said utility main(s). It is agreed and understood that the Owner shaIl
pay for any unforeseen costs or cost overruns in the project that result from circumstances beyond the control of
the City.
6. Owner shaIl be responsible for maintenance of utility main(s) until City issues Owner a letter of final
acceptance ofthe utility main construction. At which time, maintenance of said 8" waterline shaIl become the
responsibility of City and Owner shaIl assume future maintenance of2" sanitary sewer force main. In the event
that said 2" sanitary sewer force main is accessed for sanitary sewer service by two or more utility customers
under separate utility billing accounts with City, maintenance of sanitary sewer force will be transferred to City.
7. City agrees to accept the value of the extension(s) as a pro rata portion of the prevailing square footage and/or
front footage connection charge for water and/or sanitary sewer service against said property belonging to
Owner. Owner shaIl be responsible for all other customary charges.
8. Upon execution of this agreement and compliance with terms herein, Owner agrees to begin construction
thereof as soon as the same may be let for contract as herein provided. City shaH require the contractor under
such contract to diligently pursue the construction of the project to completion.
9. In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown
on the plat attached hereto as Exhibit "A" and incorporated by reference herein, shaIl utilize the extended line(s)
constructed under this agreement, by making connection thereto under a permit from City within a period often
(10) years from and after the date City has accepted the construction of said facilities by the contractor, City
agrees to coHect from said property owners, its prevailing square footage and/or front footage connection fees
from said property owners and to reimburse Owner the amount coIlected from such property owners, until
Owner has be reimbursed a maximum total of the costs related to the construction and instaIlation of said lines
paid by Owner under the terms of this agreement, less amount of City participation, and less Owner's own water
square footage connection charges.
COST OF UTILITY MAIN(S) $
(Final Construction & Installation Costs Submitted by Engineer)
LESS OWNER'S CONNECTION FEE(S) $
EQUALS $
(Maximum Amount Reimbursable to Owner) .. Note: Blanks to be fiIled m upon completIon ofUtIhty Mam ConstructIOn
In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating
owner(s) shaH be reimbursed pro rata to their respective participation in the cost of the line(s).
Water Ext. = $138,244
San. Sewer Ext. = $69,685$207,929
$43,350.40
$164,578.60
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IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each
of which sball be deemed an original. in the year and day Ilfst mentioned above.
CITY OF LA PORTE
By:,-----,,92~f]t&zi~· .-=----
(Seal) OWNER
(Witness or Secretary of Corporation)
BY:d!~~
(Owner or Authorized Representative)
By:~be.~
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
To Utility Extension Agreement
GUI..FliitERMOlJAL SERVICES.
END 2" S.S.F.M.
PROP. 8" w.L. EXT.
& 2" SAN. SWR. F.M. EXT.
NOT TO SCALe
NOTE: POINT"A" TO POINT "B"
ELIGIBLE FOR REIMBURSEMENT